Court Granted in Part and Denied in Part Defendant’s Motion to Dismiss Over Unpatentable Subject Matter, Abstract Ideas, and Lack of Inventive Concept

December 21, 2017 – On December 19, 2017, the court granted in part Defendant QuantifiCare Inc.’s motion to dismiss because some of the asserted claims of Plaintiff Procter & Gamble Company’s and Canfield Scientific, Inc.’s skin imaging patent encompassed unpatentable subject matter and found that some claims were directed toward an abstract idea of mere data collection and simple analysis. The court also granted in part defendant’s motion to dismiss because some of the asserted claims of plaintiffs’ skin imaging patent encompassed unpatentable subject matter and found that those claims lacked an inventive concept since none of the elements amounted to anything more than generic computer implementation. The court denied in part defendant’s motion to dismiss because some of the asserted claims of plaintiffs’ skin imaging patent did not encompass unpatentable subject matter and found that those claims were not directed toward an abstract idea since those claims could reasonably be understood as an improvement to facial image processing technology itself.

The patent at issue is U.S. Patent No. 6,571,003, entitled “Skin Imaging and Analysis Systems and Methods.” The case is captioned Procter & Gamble Company et al. v. QuantifiCare Inc., 5-17-cv-03061, and was filed in the Northern District of California.

By: Julian G. Pymento